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COMMONWEALTH PENNSYLVANIA v. RICHARD G. YOUNG (03/21/80)

filed: March 21, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD G. YOUNG, JR., APPELLANT



No. 2563 October Term, 1978, Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, Pennsylvania, Criminal Division, No. 2462 of 1976 Nos. 1724, 1725, 1726, 1727 of 1977.

COUNSEL

Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.

Ronald L. Buckwalter, District Attorney, Lancaster, for Commonwealth, appellee.

Cercone, President Judge, and Watkins and Hoffman, JJ. Cercone, President Judge, and Hoffman, J., concur in the result.

Author: Watkins

[ 276 Pa. Super. Page 411]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Lancaster County, Criminal Division, by the defendant-appellant, Richard G. Young, Jr., after conviction non-jury of kidnapping, robbery, theft by unlawful taking or disposition, burglary, firearms not to be carried without a license, and unlawful restraint; and from the denial of post-trial motions. He was sentenced to a term of imprisonment for not less than four (4) years or more than eight (8) years on one count of kidnapping; on the other charges of kidnapping, robbery and burglary he was sentenced to four (4) years concurrent probation; on the charge of theft he was sentenced to three (3) years concurrent probation and on the restraint and firearms convictions, to one (1) year concurrent probation and the costs of prosecution.

The only issue raised on appeal is whether the Commonwealth sustained its burden in proving that the appellant was sane beyond a reasonable doubt at the time he committed the crimes for which he was found guilty. The facts as related by the appellant and adopted by the Commonwealth are as follows:

On November 3, 1976, at about 10:15 P.M., a Mrs. Kathleen M. Shirker was just reporting for duty as a Nurse's Aide at the Brethern Home Village, in Neffsville, Pennsylvania. She noticed a person follow her inside as she entered the rear entrance from the parking area. He had a green ski cap pulled over his face with only slits for eyes. He approached her with a knife displayed, telling her he wouldn't hurt her if she didn't scream.

He then asked if she knew his girlfriend but he would not give any name of the girlfriend. He ordered her out to her car at knifepoint. He also momentarily displayed a gun and a rope.

At the car she was ordered to drive and he got in the back seat. He asked if she had a purse which she handed to him. He pulled out several items (compact, wallet), asking what

[ 276 Pa. Super. Page 412]

    they were. She told him. He then asked if she had any car keys. She said they were in the purse. He looked for them, but being unable to find them, he demanded that she find them and returned the purse to her.

As they drove very little conversation took place. She was told to drive to Lititz. As she drove he inquired as to a location of a phone. He then inquired as to what color underpanties she had on. He insisted on being told the color. Shortly thereafter he told her to turn off the main road to a secondary road. She ignored that and drove straight into Lititz. He made no objection to that.

In the center of town she stopped for a red light, jumped out and started screaming while running for the police station. The purse and wallet were left in the car.

The male drove off at a fast rate of speed.

On cross examination it was disclosed that the male displayed the knife throughout the entire incident. When Mrs. Shirker asked him for his girlfriend's name he said nothing but merely stood there. When he ordered her to the car he gave no indication of destination, purpose or intent. His voice was natural, no fluctuation or emotion. He gave no indication, throughout, of excitement or fear; all of the items he pulled from the purse were normal types of ladies articles found in any store. After he was told what they were he put them back into the purse.

After capture, when interviewed by the detective, he said he did not want to hurt anyone, that he did not know why he asked what color panties she had on and that he was ...


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